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PW15-014 - Original - The Granger Company - S. 224th St. Improvements - 01/15/2015
s, NO Reear+ds Manageff 1er t KENT Document WASH INGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: The Granger Company Vendor Number: JD Edwards Number Contract Number: ?yg l C) This is assigned by City Clerk's Office Project Name: S. 224th St. Improvements Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 1/15/15 Termination Date: 12/31/15 i Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment : Contract Manager: Ingrid Willms-Dixon Department: Engineering Contract Amount: S5.600.00 Approval Authority: (CIRCLE ONE)8 Department Director Mayor City Council Detail: (i.e. address, location, parcel lnnumber, tax id, etc.): Provide appraisal review services for the project. i As of: 08/27/14 KENT PROFESSIONAL SERVICES AGREEMENT between the City of Kent and The Granger Company THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The Granger Company organized under the laws of the State of Washington, located and doing business at 7312 Meridian Road SE, Olympia, WA 98513, Phone: (360) 459-8203j(360) 870-5039, Contact: Joe Granger (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: The Contractor shall provide appraisal review services for the S. 224 h Street Improvements project. For a description, see the Contractor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement, and Contractor shall complete the work by December 31, 2015. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Five Thousand, Six Hundred Dollars ($5,600.00) for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PROFESSIONAL SERVICES AGREEMENT - 1 (Under$10,000) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. I VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. i PROFESSIONAL SERVICES AGREEMENT - 2 (Under$10,000) C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. i H. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTO CITY OF KENT: It (signature} y+ f (signature) Print Name. LPN N. 6Tif'®4 Print Name: Timothy J. LaPorte, P.E. Its: e S r Its: f Public Works Director (title) , DATE: —?—l S' DATE; PROFESSIONAL SERVICES AGREEMENT - 3 (Under$10,000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Joe Granger Timothy J. LaPorte, P.E. The Granger Company City of Kent 7312 Meridian Rd. SE 220 Fourth Avenue South Olympia, WA 98513 Kent, WA 98032 (360) 459-8203 (telephone) (253) 856-5500 (telephone) (360) 870-5039 (facsimile) (253) 856-6500 (facsimile) i I PROFESSIONAL SERVICES AGREEMENT - 1 (Under$10,000) DECLARATION i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: i 1. I have read the attached City of Kent administrative policy number 1.2. i 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this Z day of Tt2 20 tS. r By: For: 727 Smart-Nscs CC Title: 1t)-) eA— /C50/+ )^/ y— Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. i 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 . ' By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 I EXHIBIT A the Granger Lompany Right of Way Appraisal Review and Consulting November 18, 2014 } ' Ingrid Willms-Dixon, Project Analyst ?: City of Kent j 400 West Gowe is Kent, WA 98032-5895 Xpy re: S.224th/228th Sheet Project; Appraisal Review Services. y Dear Project Analyst Willms-Dixon: F Please be advised that my fee proposal to review the appraisals on this project is$800 per appraisal E review,for a total fee of$5,600 for 7 reviews. This fee proposal is based on my hourly rate of$10 per hour which I charge my best clients.It is a total fee which includes all my charges,costs,expenses and taxes. My deliverables will be a narrative review document for each review that I will personally write and f sign,and which will meet or exceed all City of Kent,state,federal ("yellow book"),iJ,SPAP,and TIB F I requirements, My availability is immediate and my turnaround time will be about 5 working days per review. i r 1 Please also be advised that I am currently on the WSDOT List of Approved Reviewers. r Thank you for the opportunity of bidding on this important project.If you have any questions,please contact me. Sincerely, h z n i 3 I Joseph H. Granger, Appraisal Reviewer, WA State Certified General Appraiser# 1100549 7312 Moldiau Rd SE �•���. ,.. � ,.� .� voice& fax:(3fi0)459-8203 cell;(360)870-5039 Olympla, Wit 98513 email,grattgercontparxyCPoartttlinkttet EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits aggregate and a $1,000,000 products-completed operations aggregate limit.no less than $1,000,000 each occurrence, $2,000,000 general EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. j E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor, All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. D.iTEiMhVDpq'1'YYj AcQ CERTIFICATE 4F LIABILITY INSURANCE 2tasr201� TH,' RTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS f' .rICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES L W. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED RE,RESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. '.., IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATIONIS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), AR ODUCER CONTACT '.. NAME USAA INSURANCE AGENCY INC/PHS {Home aUONa,E.u: (888) 242-1430 ia.Nw: (888) 443-6112 I 812896 P: (888) 292-1430 "F: (888) 943-6112 Ac RESS, PO BOX 33015 INSURER(S)AFFORDING COVERAGE NNc* SAN ANTONIO TX 78265 INSURERA:Hartford Casualty Ins co +NSURED INSURERS:Sentinel Ins Cc, LTD INSURER O: TOE GRANGER DBA THE GRANGER COMPANY INSURERD; 7312 MERIDIAN RD SE INSURER E: )LYMPIA WA 98513 INSURER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, +YSA TFPE OF L\SLRLYCE ADDL rVeR pOLICF,S'LSOJER PO110 rFF POE{CyEAP LLiiIIS COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE s2,000,000 CLAIMS-MADEFq OCCUR PREMIETORENTED a3O0,ODO PREMISES R NTED nce A X General Liab X 65 SEA G95933 03/04/2014 03/04/2015 MED EXP(Any one parson) 410, 000 PERSONAL&ADVINJURY 12,000,000 !! GENERAL AGGREGATE P4,000,000 ' WGREGATE LIMIT APPLIES PER: - POLICYF—] PRO-[XX]LOG PRODUCTS-COMP/OP AGO s41 000,000 JECT OTHER: S COMBINED SINGLE LIMIT 41,000,000 AUTOMOBILE LIABILITY (Ea accident ANY AUTO BODILY INJURY(Par Parson) B ALLQWNED X SCHEDULED 65 UEC AV4966 03/29/2014 03/29/2015 BODILY INJURY(Peraccidenl)9 AUTOS AUTOS HIRED AUTOS NON-OWNED PROPER DAMAGEDAMAGE 9 AUTOS X UMBRELLA LIAR X OCCUR EACH OCCURRENCE ?3,OODj OOO A EXCESS LIAR CLAIMS-MADE 65 SBA GNS933 03/04/2014 03/04/2015 AGGREGATE s3,000,000 OE Y' .TENTION SI O, ODD $ U'ORA'£)a COALf6Y&,ZIDS - PER ETH- .,.,aEUPLOI'ERS'Ll )ADal ' STATUTE ER ANY PROPRIETORlPARTNER/EXECUTIVEY/N E.L.EACH ACCIDENT 31,000,000 OFRCERIMEMBER EXCLUDED? A (Mandatory MNH) ❑ NIA 65 SBA GNS933 03/04/2014 03/04/2015 E.L.DISEASE-EA EMPLOYEE S 1,0001000 If yes.dasorlbe under E.L.DISEASE-POLICY LIMIT 11,000,000 DESCRIPTION OF OPERATIONS below ESCRIPTIONOPOPERATISIl LOCATIONS IVERICIAnDRD lei,Addiflonal Remarim schedule,may be attached if more space is requlrod) _ !! i 'hose usual to the Insured's Operations. The City of Kent is an Additional :nsured per the Business Liability Coverage Form SS0008, attached to this )olicy. Certificate holder is an Additional Insured per the Commercial Auto 3road Form Endorsement HA99160312 attached to this policy. :ERTIFICATE HOLDER CANCELLATION bust SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED !,,... BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 33 y of Kent AUTHORIZED REPRESENTATIVE 220 AVE 7� � {ENT,, W WA 98 98032 01988.2014 ACORD CORPORATION.All rights reserved. .CORD 25(2014101) The ACORD name and logo are registered marks of ACORD I 1ST DBo7ie20 POLICYNUMBER: 65 SBA GN89334: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON-ORGANIZATION ISLAND COUNTRY PO BOX 5000 COUPEVILLE WA 98239-5000 SKILLINGS CONNOLLY INC CONSULTING EINGINEER PO BOX 5080 LACEY WA 95809-5080 CITY OF TUMWATER 555 ISRAEL RD SE TUMWATER WA 98501 CH2M HILL '.. 777 108TH AVE NE PO BOX 91500 BELLEVUE, WA 98009 CITY OF FEDERAL WAY 33530 1ST WAY SOUTH ATTN: CITY MANAGER FEDERAL WAY WA 98003 ABEYTA & ASSOCIATES - 1001 4TH AVE PLAZA #3200 SEATTLE WA 98154 CITY OF KENT, KING COUNTY AND KING COUNTY FLOOD CONTROL DISTRICT ATTN: NANCY YOSHITAKE 220 4TH AVE SOUTH KENT, WA 98032 CITY OF SEATAC 4800 S 188TH ST SEATAC, WA 98188 i i Form IH 12 00 11 85 T SEQ. NO. 001 Printed in U.S.A. Page 001 Process Date: 01/23/14 Expiration Date: 03/04/15 DATEURNVODA'Y ) lAC�I�C�® CERTIFICATE OF LIABILITY INSURANCE 212 R 2014 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS C' "IFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ',.. L W. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED RErRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATIONIS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not center rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NN1E: USAA INSURANCE AGENCY INC/PHS WO"o.E.B: (886) 242-1430 (Nc,Naf. (888) 943-6112 812846 P: (888) 242-1430 F: (888) 443-6112 A ASHS, PO BOX 33015 INSURER(S)AMORDINO COVERAGE NNCp j SAN ANTONIO TX 78265 INSURER A: Hartford Casualty Ins Co INSURED INSURERS: Sentjne]. 'ins Cp LTD INSURER C: JOE GRANGER DBA THE GRANGER COMPANY INSURER D: 7312 MERIDIAN RD BE INSURER E: OLYMPIA WA 98513 INSURER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OFSUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BYPAID CLAIMS. L\S'X 2'5YE OE IAS'LIULWE .IOU S4:BR POITCrA'famER POLICF"EFE POLlCF fAP LETTS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 52,000, 000 DAEWbEFR RENTED =300,000 CLAIMS-MADE OCCUR PREMISES(Ea Occnrrenca A X General Liab X 55 SEA GNS933 03/04/2014 03/04/2015 MED ESP(ARE one person) 0101000 PERSONAL 8 ADV INJURY 72,000,000 _GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE lt}L000,000 POLICY PRO ❑X LOG PRODUCTS-COMPIOP AGG g4,000,000 JECT OTHER COMBPIEDSINGLE LIMIT S1,000,000 AUTOMOBILE LIABILITY (Ea accldanQ ANY AUTO BODILY INJURY(Per person) 5 B ALL OWNED X SCHEDULED r65 PRO AV4966 03/29/2Oi4 03/29/2015 BODILY INJURY(`.(aeddaml)IAUTOS AUTOS HIRED AUTOS NONAWNED PROPERTY DAMAGE $ AUTOS (Par accident) S X UMBRELLAUAI X OCCUR EACH OCCURRENCE ;3,000,000 A EXCESSLIAB CLAIMS-MADE 65 SEA GNS933 03/04/2011 O3/04/2015 AGGREGATE 13,000,000 L.... oe X REreNTIONs10,000 ` . PER OTH. J40RA'ERs c'O.tft'Lls"CoX STATUTE ER .. yt'D EJp't Ul'Lftt'LIeIDLIT)' ', ANY PROPRIETORJPARTNERIEXECUTIVEYIN E.L.EACH ACCIDENT $l,000, 000 OFFICERIMEMBER EXCLUDED? pop '1,COO, OOO A (Mandatory to AYV 65 SEA GN8933 03/04/'2014 03/0,1/2015 E.L,DISEASE-EA EMPLOYEE' If yes,de9.N'De Under EL.DISEASE-POLICY LIMIT '1,000, 000 DESCWPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHAAREARD 101,Additional Remarks Schedule,may be obached if more space is required) Those usual to the Insured's Operations. The City of Kent is an Additional Insured per the Business Liability Coverage Form SS0008, attached to this policy. Certificate holder is an Additional insured per the Commercial Auto Broad Form Endorsement HA99160312 attached to this policy. CERTIFICATE HOLDER CANCELLATION '4 'T SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CJL,y Of Kent AUTHORIZED REPRESENTATIVE ` 220 4TH AVE S ,�( KENT, WA 98032 ©1988.2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD DST 00071920 COMMERCIAL AUTOMOBILE HA 9916 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or . Formed Organizations borrow . in your business or your The Named Insured shown In the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. -WHO IS AN INSURED -of partnership or Joint venture,formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on- e. The lessor of a covered "auto"while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: Include any subsidiary that is an (1) The agreement requires you to "Insured" under any other automobile policy or would be an 'insured" under provide direct primary insurance for such a policy but for its termination or the lessor and the exhaustion of its Limit of insurance. (2) The"auto"is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which' you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newlyfoiimed oracquired organization: (1) Paragraph A.1. -WHO IS AN INSURED (a) That is a partnership or joint - of Section II.- Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f, When you have agreed, in a written policy' contract or written agreement,that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional Insured on your (d) 180 days or more after Its business auto policy,such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization Is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused Injury" or"property damage"that results by the conduct of an "Insured"under. from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a Paragraph A.1. -WHO IS AN INSURED -of covered"auto.". SECTION II - LIABILITY COVERAGE is amended to add: 02011, The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional Insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs:. an additional insured in I.D. - Additional (1) During the policy period,and Insured If Required by Contract, the (2) Subsequent to the execution of.such following provisions apply: written contract, and 1 (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that, the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance Is also primary, we will share with all that other o you have agreed in a written contract insurance by themethod described in or written agreement that anootherther Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of Insurance specified In or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement;or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not the Declarations. seek contribution from that other -- insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other In addition to Limits of Insurance shaven insurance to which the additional insured in the Declarations and described in this bas been added as an additional insured. Section. (3) Additional Insureds Other Insurance When.this Insurance is excess, we will have no duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Par(that may also be covered insured against that "sui '. If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all Insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this Insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of'. written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance;and own insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured Suitor Loss amounts under all that other insurance. If you have agreed In a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — , BUSINESS AUTO CONDITIONS, in the sama manner as the Named Insured. ©2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 2 of 5 i If an "employee's" personal insurance also 5. PHYSICAL DAMAGE ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph AA.a. of SECTION III - PHYSICAL be pririmary to the "employee's" personal DAMAGE COVERAGE Is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION 11 - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the"lass" insurance. and the"outstanding balance"of the loan/lease, 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of"loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges;excess wear and tear charges; Coverages provided are extended to"autos"you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended The most we will pay for "loss" to any hired warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or "auto'is: lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or T. AIRBAG COVERAGE stolen property at the time of the"loss";or Under Paragraph B. EXCLUSIONS of (3) The cost of repairing or replacing Elms SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE,the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage.No deductible applies to"loss"caused g, ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs BA and excess provisions,we will provide coverage EXCLUSIONS - of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered "auto"you own. following: We will also cover loss of use of the hired "auto' Exclusions 4.c. and 4.d. do not apply to j if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered"auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which Is permanently Installed In or members of their households. or upon the covered "auto" (3) An integral part of the same unit housing any electronic equipment described in Paragraphs(1)and (2)above; or O 2011, The Hartford(Includes copyrighted material Form HA 99,16 03 12 of ISO Properties, Inc.,with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered"auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same "accident",the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, ' deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for"loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident to all electronic ACCIDENT,CLAIM,SUIT OR LOSS equipment(other than equipment designed solely for the reproduction of sound, and The requirement in LOSS CONDITIONS 2.a. - accessories used with such equipment) DUTIES IN THE EVENT OF ACCIDENT,CLAIM, that reproduces, receives or transmits SUIT OR LOSS - of SECTION IV - BUSINESS audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of"loss", is: an "accident"applies only when the"accident"is (1)Permanently installed in or upon known to: the covered "auto" in a housing, (1) You, if you are an individual; opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company;or such equipment; (4) An executive officer or insurance manager,if (2) Removable from a permanently you are a corporation, installed housing unit as described In Paragraph 2.a. above or is an UNINTENTIONAL ENTI®NAt FAILURE TO DISCLOSE Integral part of that equipment;or HAZARDS (3)An Integral part of such equipment. If you unintentionally fall to disclose any hazards existing at the inception date of your policy, we c.For each covered"auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14 1IIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9, EXTRA EXPENSE BROADENED CONDITIONS is replaced bythefollowing: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A. -COVERAGE-of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "Insured's" responsibility to pay damages for "auto"to you. "bodily injury" or "property damage" is determined in a "suit," the"suit"is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the `I5. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: 02011,The Hartford(includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. ' "loss"is$10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of"bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily Injury, sickness or move the auto but does not Include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these, internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2, of the COMMON POLICY combustion engine and one or more electric CONDITIONS - CANCELLATION - applies motors o move the- auto, or the Internal except as follows:. combustion engine to charge one or more electric motors,which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE . nonpayment of premium,we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an "auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this Coverage Form, then such Physical Damage 18. HYBRID, ELECTRIC, OR NATURAL: GAS VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: in the event of a total loss to a "non-hybrid"auto In addition to the actual cash value of the"auto", for which Comprehensive, Specified Causes of we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto"at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of _ this Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages are.amended as follows: under this Vehicle Wrap Coverage provision for a.if the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,600, of the "non-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost, i whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," O 2011,The Hartford(Includes copyrighted material Form FIA 9916 0312 of ISO Properties, Inc., with its permission.) Paqe 5 of 5 I 1 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 © 2005.The Hartford QUICK REFERENCE BUSINESS LIABILITY-COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Naga A. COVERAGES 1 Business Liability 1 Medical,Expenses 2. Coverage Extension-Supplementary Payments 2 B. 'EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 I. Bankruptcy, 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Lays 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words "you" and "your"refer to the Named Insured shown in the Declarations. The words "we", "us"and"our"refer to the stock Insurance company membei,-of The Hartford providing this insurance. The word"insured"means any person or organization qualifying as such under Section C.-Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES (a) The "bodily injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" Is caused by an INJURY, PROPERTY DAMAGE, PERSONAL "occurrence" that takes place in the AND ADVERTISING INJURY) "coverbgeterritory' Insuring Agreement (b) The "bodily injury' or "property a. We will pay those sums that the insured damage" occurs during the policyperiod;and becomes legally obligated to pay as damages because or "bodily injury", (c) Pdorfo the policy period, no insured "property damage" or "personal and listed under Paragraph 1. of Section C. — Who Is An insured and no advertising injury" to which this insurance "employee"authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit" or claim, knew that the"bodily injury" seeking those damages. However, we will or "property damage" had occurred, ' have no duty to defend the insured against any "suit" seeking damages for "bodily in whole or In part. If such a listed Injury', "property damage" or "personal and insured or authorized "employee" advertising injury" to which this insurance knew, prior to the policy period, that the "bodily injury" or "property does not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption r "occurrence"or offense and settle any claim of such "bodily injury" or "property or"suit"that may result. But: damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described in Section D. - known prior to the policy period. LiabilityAnd Medical Expenses Limits p (2) To "personal and advertising injury' Of Insurance;and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only If the offense was we have used up the applicable limit of committed in the "coverage territory" insurance in the payment of judgments, during the policy period. settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform acts or services is covered unless insured listed under Paragraph 1.of Section explicitly provided for under Coverage C. — Who Is An Insured or any "employee" Extension-Supplementary Payments. authorized by you to give or receive notice 1?. This Insurance applies: of an "occurrence"or claim: (1) To "bodily injury" and "property (1) Reports all, or any part, of the "bodily damage" only if: Injury" or "property damage" to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 OO 2005.The Hartford . BUSINESS LIABILITY COVERAGE FORM /3> Receives a written or verbal denandce h. VKo will make these payments regardless uf claim fnr damages because uf the "bodily fault. These payments will not exceed the injury"or"property damags/'.or / applicable limit of insurance. VVo will pay � b| fo (2) 800nn�*oamm� by any�hormeans that reasonable c . "bodily injury"/ or "pmpoby damage" has (1) First aid administered ot the time u[on occurred nr has begun tuoccur. accident; o. Damages because of "bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic orAunizaton for care, loss of services or devices; and death resulting ut any 0mo from the "bodily (8) Nnoo�oory ambulance, hospital, ' � professional nursing and funeral e. Incidental Medical y0alpxac�A:e somiono, (1) "Bodily injury" arising out ofthe 3. COVERAGE EXTENSION ^ rendering of or failure to render SUPPLEMENTARY PAYMENTS professional a� Yo will pay, with respect to any claim urphysician, donUo�` nurse, emergency "ouii'/ vva investigate orse8|our any "auit^ modkm| toohn|�anu, Paramedic shall ` against an Insured wodoibnd� bodoornod �o booaunedhyao � "ucuhnonoo»/but only|t (1) All expenses m/wincur. (a) The physician' dentist, nurse, (2) Uptn $1.000 for the cost cf ball bonds emergency medical technician or required because ofanddentaortr��o Paramod|o |uomy|oyodbyyoutu law violations arising out of the use uf provide such services;and any vehicle.tv which Business Liability (b)�You are in the Coverage for"bodily in/ury''applies. VYn ' do�nothovo�ofo,n|oh�he�nbnndn business uroo:upa�unofpmniding . such services. (3) Tbnon�! nfappem| bondoorbonds �n � < ) For release aVaohme�o. but only for bond ^ ` ' amounts within the applicable limit uf limits nf insurance for incidental medical |nounsono. Vadu not have to furnish malpractice, any act or emission together with m| these bonds. omissions in the furnishing of these (4) All reasonable expenses incurred bythe services in any one person will be insured ot our request h>assist uoN'the considered one ^ocoun0000'. investigation nr defense nf the claim ur 3. MEDICAL E}{PENSFS "ou|�'/' including actual loss nfearnings uptn $500n day because ot time off Insuring Agreement from work. u. VVe will pay medical expenses aydescribed (5) All costs taxed against the Insured in below for "bodily Injury" caused byan iho"ouit"� accident: (q Prejudgment interest awarded against (1) On premises you own orrent; the insured un that part of'the judgment (2) On ways next tu premises you own or wo pay. |fx/o make an offer tn pay the rent; or applicable limit of insurance,m/e will not pay any pn�udAmoniintonx� based on (3) B*oau000fyournpooy�ona� provided that: that period of time after the offer. (1) Tho accident takes place in the (7) All interest on the full amount ofany . judgment that accrues after entry vfthe coverage torrik)g/" and during the judgment and before vwe have paid, policy period; offered |o pay, ur deposited in court the (3) The expenses are incurred and reported part ofthe judgment that in within the touo within three years n[ the date nf applicable limit ufinsurance. thouooidontand � Any amounts paid under (1) through (T) (3) Tha Injured person submits to above will not reduce the limits ofinsurance. ' examination, at our expense, by physicians o[our choice us often auwo reasonably require. Paga2of24 Form 8S00D8O4U5 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the Insured is also attorneys' fees in by us In the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee If all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the Indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a,contract or agreement Paragraph 1.b.(b) of Section B.that is an"insured contract"; Exclusions, such payments will not be (2) This Insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will (3) The obligation to defend, or the cost of not reduce the Limits of Insurance. the defense of, that indemnitee, has Our obligation to defend an Insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same"Insured contract"; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of Insurance in the payment of appears to exist between the Interests judgments or settlements;or of the insured and the Interest of the (2) The conditlons set forth above, or the Indemnitee; terms.:pf,the agreement described in (5) The indemnitee and the insured' ask Paragraph(6)above,are no longer met. us to conduct and control the defense B. EXCLUSIONS of that Indemnitee against such "suit"and agree that we can assig6the 1 Applicable To Business Liability Coverage ( same counsel to defend the Insured This insurance does not apply to: and the indemnitee;and a. Expected®r Intended Injury (6) The Indemnitee: (1) "Bodily injury" or'"property damage" (a) Agrees in writing to: expected. or intended from the (1) Cooperate with us in the standpoint of the insured. This Investigation, settlement or exclusion does not apply to "bodily defense of the"suit"; injury".or "property damage" resulting from the use of reasonable force to (ii) Immediately send us copies of protect persons or property; or any demands, notices, summonses or legal papers (2) "Personal and advertising Injury" arising received in connection with out of an offense committed by, at the the"suit"; direction of or with the consent or acquiescence of the insured with the (Ili) Notify any other insurer whose expectation of inflicting "personal and coverage Is available to the . advertising injury". indemnitee;and b. Contractual Liability (Iv) Cooperate with us with respect to coordinating other (1) "Bodily injury"or"property damage";or applicable insurance available (2) "Personal and advertising injury" to the indemnitee;and for which the Insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (1) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit"; and (a) "Bodily injury", "property damage"or (11) Conduct and control the "personal and advertising Injury"that defense of the indemnitee In the insured would have In the such"suit". absence of the contract or agreement;or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury"or"property damage" (b) Performing duties related to the assumed In a contract or agreement conduct of the insured's business,or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of(1)above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely'for the purpose of liability assumed in (1) Whether the insured may be liable as. an "insured contract', reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or"property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (i) Liability to such party for, or for contract". the cost of, that parry's defense f. Pollution has also been assumed in the same"insured contract',and (1) "Bodily injury", "property damage" or . "personal and advertising injury" (1I) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of"pollutants": resolution proceeding In which from damages to which this (a) At or any premises, site or Insurance applies are alleged, location which-is or was at any c. Liquor Liability time owned or occupied by, or rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any Insured may be held liable by not apply to: reason of: (i) "Bodily Injury"if sustained Within r... (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal dunking age or equipment that is used to heat, underthe influence of alcohol;or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to relating to the sale, gift, distribution or heat water for personal use, by use of alcoholic beverages. the building's occupants or their guests; This exclusion applies only if you are i the (it) "Bodily injury' or "property business ry manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic,beverages. held liable, if you are a contractor and the owner or d, Workers' Compensation And Similar lessee of such premises,site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury"to: such premises, site or location (1) An "employee" of the insured arising is not and never was owned or out of and in the course of: occupied by, or rented or loaned to, any insured, other (a) Employment by the insured; or than that additional Insured;or Page 4 of 24 Form 88 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (111) "Bodily injury" or "property released as part* of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; i (b) At or from any premises, site or (it) "Bodily injury" or "property location which Is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases; fumes or disposal, processing or treatment vapors from materials brought' of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor;or as waste by or for: (ili) "Bodily injury" or "property (1) Any insured;or damage" arising out of heat, (11) Any person or organization for smoke or fumes from a whom you may be legally hostile fire"; or responsible; (e) At or from any premises, site or (d) At or from any premises, site or location on which any insured or any location on which any insured or contractors or subcontractors any contractors or subcontractors working directly or indirectly on any working directly or indirectly on Insured's behalf are performing operations if the operations are to any insured's behalf are performing operations if the testfor, monitor, clean up, remove, "pollutants" are brought on or to contain, treat, defoxify or neutralize, the premises, site or location in or In any way respond to, or assess the effects of,"pollutants". connection with such operations �- by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: j subparagraph does not apply to: (a) Request, demand,order or statutory (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are datoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants';or mechanical functions (b) Claim or suit by or on behalf" of a necessary for the operation of governmental authority for "mobile equipment"or Its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or In any way I store or receive them. This responding to, or assessing the exception does not apply if the effects of, 'pollutants". "bodily injury" or 'property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the Fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Rage 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury' or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes 1. War operation and"loading or unloading". "Bodilyu injury", , "property damage" or This exclusion applies even if the claims "personal and advertising Injury", however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision, hiring, (1) War,including undeclared or civil war; employment, training or montoring of others by that insured, if tha "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents;or anyinsured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by (1) A watercraft while ashore on premises governmental authority in hindering or you own or rent; defending against any of these. (2) , A watercraft you do not own that is: j Professional Services "Bodily injury", "property damage" or (a) Less than 51 feet long;and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render . forachargo; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you orthe insured; (2) Preparing, approving, or `'ailing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment"; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment,advice or instruction; with a paid crew. However, this exception does not apply if the insured (6) Any service, treatment, advice or has any other insurance for such "bodily instruction for i:. purpose of en skin en injury" or "property damage", whether removal or re appearance re enhancement, hair placement or personal the other insurance is primary, excess, grooming; contingent or on any other basis. h. Mobile Equipment (7) Optical hearing aid services th including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar_ (1) The transportation of"mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any.insured;or Page 6 of 24 Form SS 00 08 04 05 � ! � � ! BUSINESS LIABILITY COVERAGE FORM � (8) Optometry or optombtdc services Paragraphs (1)' (3) and (4) . of this / including but not limited toexamination ' exclusion do not apply to "bnopedv | / of the syao and the ynesmibng, damaga^.(dho[ than de /agm by fire) o preparation, ��|�gdnmonuko�ion or � i including the contentsf h � ` premises, eusuo � distribution of ophthalmic lenses and premises,rented to you for o period of7nr similar products; fewer consecutive days. & separate Limit (9) Any: of Insurance applies to Damage To Premises Rented To You on described in a( ) Bodypion:|ng /notino|ud|ngear` Section 0 -Linoi�oOf|ooun*nco piercing); D. � 8dTa�ooinQ/ �ndudi�gb/800t|innhed Paragraph �) of this exclusion does not ' ' apply if the promises are "your work" and | tA the insertion of pigments Into nr � under the nkin were never occupied, rented or held for and ' rental byyou. (o) Similar nen/ic*o� ' Paragraphs(3>and�Qof this exclusion do (10) Snn/|oeuin the p/adi000fpha!n�a»y; not apply to � � use � �elevators. and Paragraphs (]). (4)' /5> and (6} nfthis (iY) Cunnputor consulting, dan|Qn or oxduoiondo not apply � � liability �assumed programming services, including web undore sidetrack agreement u|todoo|On� ' Paragraphs CB and NQof this exclusion du Paragraphs(4)and (5)uf this exclusion do not apply to ^prupody da mage" to not apply tothe /noidontal yMnd/uo| borrowed equipment whU6`not being used y0a|praoUoa coverage afforded under tu perform operations nt a job site. � Payag,uph� in8eo(ion�� ^Cuv�ruQan�o� A. � Paragraph [(Uoy this,6k�ouioV does not DaomaQeToPrupe� "Property y app|yto � � da mgo'`ino|udod|n1he , "Property damage"to: `t>rududo'oomp|ahedOpenatioPahozood». � (1) Property you own, rent or occupy, L Dun�aQoTm Your Pro dw�t' Including any costs u� expenses "Property damage" tu ,ypurp»oduct' - Incurred by you, or any other person, arising out b/' for r*pm/r, organization or entity, ` nu. Damage To Your Work, replacement, enhancement, � restoration ur maintenance uysuch "Property damage" in "your work" arising � property for any reason, Including out of|tor any part ofit and included inthe prevention of injury toa person ur "Producto-:omp|etod operations h*za|d". � damage tnanuther'sproperty; This exclusion does not apply ifthe | (3) Premises' you sell, give away or damaged work or the work out ofwhich | abandon,if the"property damage"arises the damuDe arises was performed onyour i out of any part of those premises; behalf byosubcontractor. � (3) Property loaned b/you; n. Damage Tn Impaired Property Or Property Not Physically Injured � (4) Personal property in the care, custody "Propertyur control of the inourod PooPo�ydamago" \o "impaired property" ` ur property that has not been phyv|ca|ly (5> ThaLpudiou|arpadnfmm| on � � ' property |rVurodahsingooiut [which you or any cunt �o,u or ` subcontractors working directly or (1) A defect, deficiency, inadequacy ur Indirectly air your behalf are performing dangerous condition in "your product" operations, if the "property damage" or"Your work"; or arises out of those operations;nr (2) A delay or failure by you oranyone (M) That particular part of any property acting on your b�ha|flu perform o ! that must be restored, repaired ur contract nr agreement inaccordance | rop/anod because "your work" was with Its terms. Incorrectly podbnnodnoit. This exclusion does not apply to the loss � of use of other property arising out of | / sudden and accidental physical injury tu | � "Your product" or "your work" after dhas | been put{o its Intended uoo� � Form 880OO8D40S Page Tof%4 � � BUSINESS LIABILITY COVERAGE FORM o` Recal I Of Products, Work 0rImpaired h1 Title ofa y literary oraUisbuwork; � Property AD Arising out' an offense committed by Damages claimed for any loss, cost ur an insured whose business is: expense Incurred hy you or others for the (o) Advertising, . broadcasting, loss of use, withdrawal, recall, Inspection, publishing ortelecasting; repair, replacement, �' ' (h> Deoigningord���rmininAcnntenf � o,disposal o� ' of web sites for others; nr � (0 "Your pnoduot"; (c) 8n Internet search, access, (2) "Yourwork"'cv content or service provider. � ` (3) "Impaired propnrb/; However, this exclusion does not � if such product, work or property is apply to Paragraphs a, Is. and a. � withdrawn or recalled hnoo*@e market ur under the definition uf "personal and from use by any person ororDanizotinn advertising � � because ofa known nr suspected defect, Liability And K4odiVn| Expenses � dofi:ionuy, inadequacy ordangaruuo Definitions. condition init �� For the purposes of this exclusion, � P. Personal And Advo$isinQInjury placing an "mdvorhoonnant" for nr � "Personal and advertising injury": linking tn others un your web site, hy � (i) Arising out ofo:a| itnoK' io not considered the business � *��onnro|edrno(c ' of 6dvodioing broadcasting, � pub||oaiionufmute�a| i�dnnobyora� ' ' � ' � � the direction of the insured w�h � � ruh|mhingnrtw|eoa�ting' knoylodDoofdofobik6 �HA�nk�� nutofan �acb�n� ohatrouno orbu||o�nboa�� iheinounadhoob �) Adaingout ofom|' vv��onnro|ocbnnio ` publication ufrnatorie| whose fim nmmsi ` or over.- which the insured � � publication took place hofhm exercises control; the — beginning of the policy period; (1O) Arising out cf the unauthurizoduse of (, _ unntho�� noA000rpmdudinyouremai| {3> � /\duingpo�nfaor|rn|na| uoLuumm|Kod ' ` ' � address, � ' ' or hyoro��hodirec�|onofthoinnured ' any other similar tactics 1om7oiood (4) Ahoiogoutofuoybreanhufoontna�� . anotho/t potential customers; except mn Implied contract touse | . (11) /\riolngout of the vio|udonofo | »no�h*rn "udvndioing /dea« in� your "advn�ioomont" p*rnon'sdqhtofpr|vmoyoroatodby | '(5) &h aoyoh�eorfrdora|oct.oingo�� nf1bu ��||uraof0nocb. � However,prudodnormemicesto conform with ' � any statement of quality ur apply {o liability for damages that the � performance made in your insured would have in the absence of. ' , nuohu(a/em�fhdora|»��� advo/tisomon�''� ' � | (8) Ahdng out of the wrong doawip� (1%) A/ioingoutn[� description � the price nfgondopmduoboraom|o*��. (a) An "adYorhoomen�' forothnmon � ' � � (7) Arising out of any N yourwmbndo;o|a1innofany . intellectual property rights Such as (b) Placing a |in|� tuaw/eh site of � � �h n ombK � � ooPYrQh� P�oo1 trademark, trade mnomo your e ouo. � name, trade secret, service mark or (:) Content from u web site ofothers � | other designation of origin or displayed within a frame orborder authenticity. onyuurvvob site. (�nntontindudoo U However, information,nfonnaon' nodn' onundo, text, apply to infdnOo,noni in your graphics or images;or 'udv*rbsoment".nf (d) Computer code, onfNvoro or ! � N (a) Copyright; programming used m enable: ' (b) Slogan, unless the slogan |oalso (i) Yokrwoboit+;ur ' | a trademark, trade name, service (ii) The presentation orfunotionu|Ky mark or other designation vforigin cfun 'odvortisemant/ orother ' ur authenticity; nr content oil your web site; | Page uof24 Form SS000QU4&5 � : .............. BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or. incurred by (rust law; reason of any claim or suit (14)Arising out of the fluctuation in price or alleging actual or threatened Injury value of any stocks, bonds or other or damage of any nature or kind to securities;or persons or property which would (15) Arising out of discrimination or not have occurred in whole or in humiliation committed by or at the part but for the"asbestos hazard"; direction, of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the Insured. requirement that any Insured or q. Electronic Data others test for, monitor, clean up, remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability anyway respond to or assess the to access, or inability to manipulate effects of an"asbestos hazard"; or "electronic data". (c) Arise out.of any claim or suit for r. Emptoyment-Related Practices damages because of testing for, "Bodily injury"or"personal and advertising monitoring, cleaning up, removing, Injury"to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any way responding to or assessing the (a) Refusal to employ that person; effects of an"asbestos hazard". (b) Termination of that 'person's t. Violation Of Statutb�'lThat Govern E- employment;or Mails, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or emissions, such as Information coercion, demotion, evaluation, "Bodily Injury "prop4ty damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, Mamiliation directly or indirectly;out`.of any action or or discrimination directed at that omission that violates 'or is alleged to person;or violate: (2) The spouse, child, parent brother or (1) The Telephone Consumer Protection sister of that person as a Act(TCPA), Including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising Injury"to the person at whom any of the (2) The CAN-SPAM Act of 2003,including employment-related practices any amendment of or addition to such described in Paragraphs(a), (b), or(c) law;or above Is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or In any other capacity; distribution of material or information. and Damage To Premises Rented To You -- (2) To any obligation to share damages Exception For Darnage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k.through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described In loss,costs or expenses that: Section D. - Liability And Medical Expenses Limits Of insurance. i Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage . e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury": are also insureds, but only with respect to a. Any Insured their duties as trustees. To any insured,except"volunteer workers". 2• Each of the following is also an Insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury 9n Normally Occupied Premises your business, or your"employees", other than either your"executive officers"(if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally occupies. company) or your managers (if, you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers"are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical "' members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co-"employee" while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (d)(a)above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners,and to share damages with or repay their spouses are also insureds,but onlywith someone else who must pay respect to the conduct of your business. damages because of the injury described in Paragraphs (1)(a) or c. A limited liability company, you are an (b) above;or insured. Your members are also insureds, but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company,you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your olifficers or directors. you to provide such services. You stockholders are also insureds,but only (2) "Property damage"to property: with respect to their liability as stockholders. (a) Owned,occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13)Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14)Arising out of the fluctuation In price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities;or persons or property which would ' (15) Arising out of discrimination in humiliation committed by or at thee not have occurred in whole or part but for the"asbestos hazard"; ! !, direction, of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or others test for, monitor, clean up, q. Electronic Data remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an"asbestos hazard";or "electronic data", (c) Arise out.of any claim or suit for r. Employment-Related Practices damages because of testing for, "Bodily injury" or"personal and advertising monitoring, cleaning up, removing, Injury"to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any way responding to or assessing the (a) Refusal to employ that person;; effects of an"asbestos hazard": (b) Termination of that persorrs- t. Violation Of Statutes That Govern E- employment;or Mails, Fax, Phone Calls Or' Other (a) Employment-related practices,r Methods Of Sending Material Or policies, acts or omissions, such as' . information coercion demotion, evaluation;. "Bodily in u "property g , � y � ry", "pro e demo e" or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action,or or discrimination directed at that omission that violates or is alleged to person;or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer !Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury"to the (2) The CAN-SPAM Act of 2003, including ' person at .whom any of the employment-related practices any amendment of or addition to such described in Paragraphs(a), (b), or(c) law; or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion ' pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily Injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the"asbestos hazard", the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss,costs or expenses that: Section D. - Liability And Medical Expenses Limits Of Insurance. BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury": are also insureds, but only with respect to a. Any Insured their duties as trustees. To any insured,except"volunteer workers". 2. Each of the following is also an insured: b. Mired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any Insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your"employees", other than either your"executive officers" (if you To a person injured on that part of are an organization other, than a premises you own or rent that the person partnership,joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar. limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers"are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal: and e. Athletics Activities advertising injury": To a person injured while pracfictng,. ire (a) To you,. to your partners or instructing or participating,in any,phy'i' L. ,.. members (if you are a partnership exercises or games, .sports or athIgI1%r;r_ or joint venture), to your members contests. (if you are a limited 11ability Jtj company), or to a co-"ernpfoyee" f. Products-Completed Operations Hazard ,ts', while in the course of his e r her Included with the "products-completsch employment or performing duties operations hazard". related to the conduct Hof your g. Business Liability Exclusions, business, or to yoib ''other Excluded under Business Liability'Coverage. "volunteer workers" 'r' while performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of .that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (1)(a)above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds,but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability ,company, you. are an described in Paragraphs (1)(a) or insured. Your members are also Insureds, (b) above;or but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds,but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds,but only (2) "Property damage"to property: with respect to their liability as stockholders. (a) Owned, occupied or used by, P�rv- in.,a�n BUSINESS LIABILITY COVERAGE FORM (b) Rented to,.in the care, custody or b. Coverage under. this provision does not control of, or over which physical .. apply to: control is being exercised for any (1) °godily 'Injury" or "property damage" purpose by you, any of your that:occurred; or "employees", "volunteer workers", any partner or member(if you are (2) "Personal , and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person(other than your"employee"or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name'under any motor vehicle registration while acting as your real estate manager. law,any person is an insured while driving such C. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization Any person or organization having proper responsible for the conduct of such person Is temporary custody organization your property If you also an insured, but only with respect to liability arising out of the operation of the equipment,and die;.but only: only if no other insurance of any kind is available (1} Wifh respect to liability arising out of the to that person or organization for ihls liability. maintenance or use of that property;and However,no person or-organization is an insured (2) Until your legal representative 'has with respect to; ' been appointed. a. "Bodily injury". to a co-"employee" of the d. Legal Representative if You Die person driving the equipment;or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this Insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity Is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge,any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your . permission. Any other, person or The insurance afforded herein for any organization responsible for the conduct of j subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to that insured under another policy or would be person or organization for this liability. an insured under such policy but for Its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or fonn, b. "Property damage" to property owned by, j other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting steel<, will qualify as a Named 6. Additional Insureds When Required By Insured if there Is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision Is afforded The person(s) or organizations) Identified In only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier; and BUSINESS LIABILITY COVERAGE FORM. contract, written agreement or because of a (a) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in additional insured under this provision if such connection with the sale of the person or organization is included as an product; additional insured by an endorsement issued M Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor;or a. Vendors (h) "Bodily injury" or "property Any person(s)or organizations) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However,this business and only if this Coverage Part exclusion does.not apply to: provides coverage for "bodily injury' or (1) The exceptions contained in "property damage" included within the Subparagraphs(d)or(f); or "products-completed operations hazard". (11) Such in adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with.the distribution (a)' "Bodily injury" or "property or sale of the products. damage" for which the vendor is (p) This insurance does not apply to any obligated to pay damages by insured person or organization f om reason of the assumption . whom you have acquired such products, liability in a contract or agreement. or any ingredient, pare or container, This exclusion does not apply entering into, accompanying or ability far damages that thee containing such products. vendor would have In the absence of the contract or agreement; b. ILossor€Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment,• but only (c) Any physical or chemical change with respect to their liability for "bodily in the product made intentionally injury", "property damage" or by the vendor; "personal and advertising injury" caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization, or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container; l.Za nn 19 of%A | BUSINESS LIABILITY COVERAGE FORM � | � (2) With respect to ihe.insurance afforded m^ Permits Issued By State' Or Political k) these additional insureds, this Subdivisions � insurance does not apply toany (1l '�nyx|otocvpu|iUou| oubdkj�un' but ''oouurrnnoe' which takes place after � � only with naopo(t to operations you cease tn lease that equipment. performed by you oron your behalf for o. Lessors Wf Land 0rPromises which the otatanr political subdivision (1) Any person nr organization from has issued apermit. whom you lease land or premises, but (2) With respect tn the insurance afforded only with respect tn liability airlisingout to these additional Insureds, this of the ownership, maintenance oruse insurance does not apply to: ofthaipart uf the land orpremises (n) "Bodily injury", "property damage" ' leased toyou. or "personal and advertising (2) With respect to the insurance afforded Injury" arising out mfoperations tu these additional Insureds, this podhKnad for the state or Insurance does not apply to: municipality;or (a) Any "occurrence" which takes 8d "Bodily injury"or"property damage' place after you cease to lease that Included within the "Products- land or be a tenant In that completed operations hazord«. premises;or [ Any Other Party b( ) ��uniura/ a|1ena1iuou now ' ` ) Anynthorperoonororgun|zmtiunwho oo*noh�nUun or demolition in not aU Insured under Paragraphs m. �` operations pmMh|rn:dbynrnn dhrokgho� abovo, hvtnn|ywi�h ' behalf of such, person or � respect to liability for "bodily |n]ug/o/ organization. "property damage" or "personal and d. Architects, Engineers 0rSurveyors bdvodis/nUInjury" caused, |nw/hn|anr L � (Y)� Any arnh|iocanQin000rounx0 � surveyor, In part, hy your acts or omissions or ( ihnadournmioo|on� uftboseanUng only w/�hroopo<dtu ||abi|i� for "bodily ' � injury", "property or `yemnno7 on and advertising injury" caused, |owhole (a), In the podhrnuanoa of your o[ in part, hy your acts ur omissions or ongoing operations; the acts or omissions o[those acting nn (b) /n connection with your premises your behalf., owned byur rented to you; or |nconuoo||oUw/ithynurpoom|no»; /c\ |n connection with "your wv|�"and or included within the "products- (a) | | (W /n the pndhnnonoo of your completed operations hozand'' but � ongoing operations performed by only if you oron your behalf. (i) The written contract nrwritten (2) With respect tn the Insurance affordod agreement requires you to to these additional Insureds, the provide such coverage to following additional oxo|uuiunapplies: such additional Insured; and This insurance does not apply to (i0 This Coverage Part provides | "bodily {rjury''' "property damage" ur coverage for "bodily Injury" o| �pomona| and advertising injury" "property damage" included arising out oy the rendering ofurthe within the 'prnductn- [oi/unato render any professional completed operations huzon]". services bynr for you,including: (2) With respect io the insurance afforded (a) The preparing, approving, or to these additional insureds, this fai|uny to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily in/ury"' "property damage" or oapodo' aun/oyo. Ma|d orders, .p*roono! and advertising injury" change orders, designs or arising out / drawings and specifications; ur failure \o render, any professional /b\ Supon/ioory. inspection, architectural, engineering ursurveying ! amh|\oo16ra| or engineering services, including: | activities. � � | BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving;. _or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications;or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. I one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising Injury" sustained by D. LIABILITY AND MEDICAL -EXPENSES any one.person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay S. •Damage To Premises Rental To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage"to any one premises, while b. Claims made or"suits" brought;or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing"suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. . The most we will pay for: In the case of damage by fire, lightning or I explosion,the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the Declarations. n, 1low Limits Apply To Additional Insureds h. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations, written contract, written agreement or . This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision;or owned by or rented to you, b. The Limits of Insurance shown in the "Location" means premises Involving the Declarations. same or connecting lots, or .premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Pace '14 of 24 r_-.-- � nn nP nn nw BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements Is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3.above. (3) Cooperate with us in the investigation, settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, In the any remaining period of less than 12 months,starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND METAL EXPENSES No insured will, except at that Insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other i 1. Bankruptcy than for first aid,without our consent. Bankruptcy or Insolvency of the insured or of e. Additional Insured's Other insurance the Insured's estate will not relieve us of.our If we cover.a claim or "suit" under this obligations under this Coverage Part. Coverage.Part that may also be covered 2. Duties In The Event Of Occurrence, by other -Insurance available to an Offenso, Claim Or Suit additional Insured, such additional insured a. Notice Of Occurrence Or O tense must submit such claim or "suit" to the other insurer for defense and Indemnity. You or any additional insured must see to It that we ' are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible,notice should Include: permit that this insurance Is primary and 1 How,when and where the"occurrence" non-contributory with the additional O insureds own Insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses;and Paragraphs a. and b. apply to you or to (3) The nature and location of any Injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit".Is "occurrence"or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim Is made or "suit" Is brought an individual; against any Insured, you or any additional (2) Any partner, if you or an additional Insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable, manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit"as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved Insured must:. subdivision or public entity. Form SS 00 08 04 05 mane 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies "separately to (3) We have issued this policy In reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. "then this policy is certified as proof of Hazards financial responslbility.for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7, Other Insurance insurance required by that law.. b. With respect to "mobile equipment" to If other valid and collectible insurance is which this insurance applies, we will available for a loss we cover under this provide any liability, uninsured motorists, Coverage Part, our obligations are limited as underinsured motorists, no-fault or other follows: coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also a. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in C. this Coverage Form: below:' a. To join us as a party or otherwise bring us ='r t11" b. Excess Insurance into a "suit' asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied ""o is (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment 11 similar coverage for"your work"; against an insured; but we will not be liable for (2) premises Rented To You damages that are not payable underthe terms of l this insurance or that are in excess of That is fire, lightning or explosion you the applicable limit of insurance for premises rented to insurance. An agreed In temporarily occupied rented you with settlement means a settlement and release of or of the owner liability signed by us, the insured and the claimant or the claimant's legal representative. (3) Tenant Liability 5, Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned "property damage" to promises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies: with permission of the owner; a. As if each Named Insured were the only (4) Aircraft:,Auto Or Watercraft i Named Insured; and If the loss arises out of the maintenance j b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit"is brought, the extent not subject.to Exclusion g. of Section A.—Coverages. G. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — representations you made to us;and Coverages. Page 18 of 24 nnrm qs nn nR ne 011 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional "Insured To Other Insurance, we will pay only our share of Insurance the amount of the loss, if. any, that That is other insurance available to exceeds the sum of: you, covering liability for damages (1) The total amount that all such other arising out 'of the premises. or insurance would pay for the loss in the operations,or products and completed absence of this insurance;and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance;or insurance. (7) When You Add Others As An We will share the remaining loss,if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other Insurance available to c. Method Of Sharing any person or organization who is an If ' all the other insurance permits additional insured underthis Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of j This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. ' written agreement or permit that If any of the other Insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Underthis method, each share with all that other insurance insurer's share is based on the ratio of its by the method described In c. applicable limit of Insurance to the total below. applicable limits of Insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract,, written agreement or p part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are j the additional insured's own transferred to us. The insured must do insurance, this insurance Is nothing after loss to impair them. At our primary and we will not seek request, the Insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance: enforce them. This condition does not Paragraphs(a)and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit"if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured r insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other Insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Funk 17 of 94 BUSINESS LIABILITY COVERAGE FORM F: OPTIONAL ADDITIONAL INSURED 3. Additional Insured-Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment . to the person or organization shown in the a. WHO IS AN INSURED under Section C.is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for"bodily Organization Injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury"caused, in whole or amended to include as an additional insured in part, by your maintenance,operation or the person(s) or organization(s) shown In the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or Drganization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing S. Additional Insured - Owners Or Other operations; or Interests' From Whom Land Iles Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C.is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: I b. With respect to the insurance afforded to This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land;or I (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such person or organization. (2) Structural alterations, new construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision—Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM i Insured — State Or Political Subdivision - . (a) Any. failure to make : such Permits, but only with respect" to Inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has Issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) "Bodily injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality;or (2) "Bodily injury" or "property damage" (J) Products which, after distribution or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations"hazard, container,part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C.is the vendor;or amended to include as an additional (h) "Bodily injury": or "property Insured the persgn(s) or organization(s) damage" arising out of the sole, (referred to below as vendor)shown In the negligence of,.the vendor for its Declarations as.,,ap Additional Insured - own acts or omissions or those:of Vendor, but only With respect to "bodily its employees or anyone else injury" or"propel,%.dam age"arising,out of acting on its behalf. However,this your products,°;.nwfijch.are distributed or exclusion does not apply to; sold in the regular course of the vendor's ' ' business and only. if'this"Coverage Part (i} The exceptions contained In Subparagraphs(d)or T or provides coveraga l6r,, "bodily injury" or ins ect property damage' included within the (it) Such p. ions, "products-completed operations hazard". adjustments,tests or servicing b. The Insurance afforded to the vendor is as the vendor has agreed tomake or normally.undertakes subject to the following additional exclusions: to make in the usual course of (1) This Insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have In the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8, Additional Insured—Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under In. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Farm SS 00 08 04 05 n.r,. 'IQ M oti BUSINESS LIABILITY COVERAGE FORM (1) That indemnifles an architect, (1) Power cranes, shovels, loaders, engineer. or surveyor for injury or diggers or drills;or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field . orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily I provide mobility to specillcations; or permanently attached equipment of the (b) Giving directions or instructions, following types: or failing to give them, if that is the primary cause of the injury or (1) Air compressors, pumps and generators, including spraying, damage;.or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render professional services, including those f. Vehicles not described in a., b., c., or d. listed in (1) above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities, cargo. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the you' by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment' but firm, to perform duties related to the conduct of will be considered"autos": your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds include a"temporary worker". gross vehicle weight; designed 14. "Loading or unloading" means the handling of primarily for: property: (a) .Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing;or aircraft,watercraft or"auto"; (c) Street cleaning; --b. While-It is mor opt ati aimrafr,watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or"auto"to the place where it is workers; and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto", well servicing equipment. 95. "Mobile equipment"means any of the following '16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily Injury", arising off public roads; out of one or more of the following offenses: b, Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; C. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on. which are permanently mounted: Pan.99 n£9A BUSINESS LIABILITY COVERAGE FORM a. The United States of America(including Its b. You have failed to fulfill the terms of a territories;and ,possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury'or damage occurs In the course removal of "your product" or "your work"; of travel or transportation between any or places included In a,above; le. Your fulfilling the terms of the contract or c. All other parts of the world if the Injury or agreement. damage arises out of: 12. "Insured contract"means: (1) Goods or products made or sold by you in the territory described In a.above; a. A contract for a lease of premises. However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business;or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D.—Liability and Medical Expenses Limits provided the Insured's responsibility to pay of Insurance. damages is determined In the United States of b. A sidetrack agreement; America (including Its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, In, a Including an easement or license suit on the merits according to the agreement in connection with construction substantive law in such territory, or in a ' ' or demolition operations on or within 50 settlement we agree to. feet of a railroad; - -- 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, ` programs; to indemnify a municipality, except In a. Stored as or on; connection with work for a municipality; b. Created or used on;or e. An elevator maintenance agreement;or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality In connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another j equipment. party to pay for"bodily injury" or "property 3. "Employee" includes a "leased worker". damage" to a third person or organization, "Employee" does not Include a "temporary provided the "bodily injury" or "property worker". damage" is caused, in whole or In part, by you or by those acting on your behalf. g. "Executive officer" means a person holding Tort liabllity means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where It was railroad for "bodily injury" or "property intended to be, damage" arising out of construction or '11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, a. It incorporates "your product" or "your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient, inadequate or dangerous;or that part of any contract or agreement: Form SS 00 08 Oil 05 Bann 91 of get ` � � ' � BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies on architect, ' (i) Pow:r cranes, shovels, loaders, ' engineer or surveyor for injury or diggers or drills; or damage arising out of. Road construction or resurfacing (a) Preparing, approving or failing to equipment such oo graders, scrapers � � prepare or approve maps, shop or rollers; � doyp&nOn, uPininno, reports, a. Vehicles not described ina., b~ o, ord. � uunxeyo, field orders, change above that are not seU-orope|/edand are on1om' designs or drawings and maintained primarily t0 � provide mobility tv � specifications; or permanently attached equipment ofthe � (b) Giving directions or instructions, following types: ur failing 8o give(hemiftha��lhe ' (1) Air compressors, pumps and � primary cause of the injury or generators, including spraying, � damage;or. amNing, building deon|nU. � (2) Under which itbe Nnuned. J an geophysical exploration, lighting and | architect, engineer or surveyor, well servicing equipment; or | assumes liability for an injury or � (3Chorg/ piok�mandoinoi|ardav|000 damage � ) ooadtoraioeor|oworvvorkoro rendering or failure to render ' � � | t Vehicles | prufeoniona| omvioou' indudingth000 � ~ b' �` or listed in (i) above and nuporWnog� above m��nbsinedphmo�{yfor purposes ! inspection, architectural or other than the transportation nf persons ^r / engineering activities. cargo. 1S. "Leased vvocker" means a person leased tn However, self-propelled vehicles with the you by a labor leasing finn under an following types of permanently attached agreement between you and the labor leasing equipment are not"mobile equipment" but � � �nn/topnd wi| haoonoideood"a,duo^� perform � your business, "Leased (1) �quipmontnfutl�oo� i000pnundo � � ' ` include u"temporary mwrkor". Arnou vehicle weight; designed | 14 `'Lond|nAorun/oading'' moanothohmnd||ngof prima�|yfbc � � property: (a) Snow removal; � a. After KIs moved from the place where dis (b) RoaU maNtem"nco, but not | accepted for movement into nr onto an construction or resurfacing;nr ! aircraft,watercraft nr«uutu"; (o). Street cleaning; | b. While iiisinoronurairtnaf�wmt:rnnaRor 3) Chorrypiokemondoimi|ardovioox x / ` | "auto"; moun(od on automobile or truck u. While iiis being moved from anaircraft, chassis and used 'to raise or,lower � watercraft o/"auio' b)the place where iiio workers;and � � finally delivered; (3) /Vr compressors, pumps and � but "loading or unloading" does riot include the gonorat /a, including spraying, � movement o[property by means vfamechanical *n|ding, building cleaning, device, other than o hand bunk. that |nnot geophysical exploration, lighting and attached to the aircraft,watercraft or"aoko", well servicing equipment, 15� "Mobile equipment"means any of the following 16. '0oounn000" means an accident, including types uf land vehicles, Including any attached continuous or repeated exposure insubstantially machinery orequipment the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and udvoKioi�gir�u/y"no*aooinjury. � � other vehicles designed for useprincipally including consequential "bodily injury"' arising off public roads; out vf one or more nf the following offenses: � b. Vehicles maintained for use solely nonr a, False arrest, detention orimprioonmont next to premises you own nrrent; b. Malicious prosecution; n. Vehicles that travel on crawler treads; � | cf. Vehicles, whether self-propelled ornoLon which are permanently mounted: Paoe33of24 rn°nmnnnomouon BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which .Is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must,occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product"for consumption on premises you organization's goods,products or services; own or rent. e. Oral, written or electronic publication of b. Does not include "bodily • injury" or material that violates a person's right of "property damage"arising out of: privacy; 1 The transportation of property, f. Copying, in your "advertisement", a ( ) p p p sty, unless the injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned Idea"or style of"advertisement"; ' or operated by you, and that condition g. Infringement of copyright,,slogan,or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any "advertisement";or insured;or In. Discrimination or humiliation that results in (2) ;The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials. 1E. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage"means thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot,fumes, acids, alkalis, chemicals and including all_resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the 19. "Products-completed operations hazard"; physical injury that caused it;or a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such ,loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product"or"your work"except: "occurrence"that caused It. i (1) Products that are still in your physical As used In this definition, "electronic data" is possession; or not tangible property. (2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. (a) When all of the work called for in "Suit"includes; Your contract has been completed. a. An arbitration proceeding In which such (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with your contract calls for work at our consent;or more than one job site, b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are a job site has been put to Its claimed and to which the insured submits intended use by any person or with our consent. organization other than another 22. "Temporary worker" means a person who Is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker"means a person who: a. Is not your"employee"; Pnrm Rs4 no on na na ')q flf on. — / | ' ' | � BUSINESS LIABILITY COVERAGE FORM h. Donates his ur her work; The � ( c Acts at the direction of and within the warnings minstructions. scope of duties determined by you;and o. Does not include vending machines nr W. |n not paid a fee, salary orother other property rented !onr located for the compensation by you or anyone else for use of others but not oo|d� � their work pe�hrmodfor you. � � 25. "Your work'': � 24 "Your produot': ' m. Means: a � � | � Means: (1) Work nr operations performed by you � (1) Any goods nr products, othar*Uhanreal oronyourbohu|�aud � yropodynomnufa(�uredsu|dhond|ed !' ' ' ' (2) &Yutoha|o, parts or equipment / ` dh1hbu�ednrd�pnnodu��� furnished in connection with such work � (a) You; .�� or operations. � (b) 0thon; trading under your name; b. Includes: � or � (Y) Warranties nr representations modoot (c) /\ person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance vruse � acquired;and . of"your*mrk"| and (2) Cohta|nem (other tbao vehicles), GU gofor failure k> provNo � materials, parts nr equipment warnings orinstructions. furnished |nconnection withnubK � � � goods orproducts. ` ` ' b. |nuludno: ' � (1) Warranties m representations made at � any time with respect tnthe fihne*o' quality, durability, performance oruse ' cf"your produxt"| and � � � � � � � � | � � ! � � � � , | � jibe Deal Estate Appraisers Professional Interriartional Underwriters. Liability Date issued Policy Number Previous Policy Number 01/22/2014 LIU001247-013 LIU001247-012 LIBERTY INSURANCE UNDERWRITERS INC. (A Stock Insurance Company,hereinafter the"Company") 55 Water Street, 18th Floor New York,NY 10041 THIS IS A CLAIMS MADE AND REPORTED POLICY. PLEASE READ IT CAREFULLY. Item DECLARATIONS 1. Customer ID: 124016 Named Insured:- GRANGER COMPANY,THE Joseph H.Granger _ 7312 Meridian Rd SE Olympia,WA 99513 2. Policy Period: j From:03/01/2014 To: 03/01/2015 j 12:01 A.M. Standard Time at the address stated in Item 1. 3. Deductible:•$1,000 Each Claim 4. Retroactive Date: 0 1/0 111 9 94 i 5. Inception Date: 03/01/2002 6. Limits of Liability: The Limit of Liability for Each Claim and in A. $1,000,000 Each Claim the Aggregate is reduced by Damages and B. $2,000,000 Aggregate Claims Expenses as defined in the Policy. 7. Mail all notices,including notice of claim,to Agent: LIA Administrators&Insurance Services 1600 Auacapa Street Santa Barbara, California 93101 (800)334-0652; Fax: (805)962-0652 8. Annual Premium: $1,039.00 9. Number of Appraisers: 1 10. Forms attached at issue: LIA002(10/11) LIA WA(12/11) LIA012(08/11) LIA013(08/11) OFAC(08/09) i s Declarations Page together with the completed and signed Policy Application including all attachments and exhibits thereto,and the Real Estate Appraisers Professional Liability Insurance Policy shall constitute e c ntract between the Named Insured and the Company. By UA001(04/10) Authorized Signature ',